HARNARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under section 482, Crimial P.C. The proceedings under section 107 Crimial P.C. have been initiated against the petitioner and certain other persons on the basis of the application submitted by the non petitioner No. 2 before the Executive Magistrate, Jodhpur. In those proceedings the Executive Magistrate vide order dated 8th March, 1982 called upon the petitioner to show cause and he was summoned to appear before the Executive Magistrate, Jodhpur on 2nd June, 1982 the petitioner appeared and submitted his reply. Other parties did not appear and order were passed for issuing bailable warrants for securing presence of these persons and the case was adjourned for 23rd June, 1982. On 23rd June, 1982 the petitioner failed to appear and, therefore, an order was passed for issuing warrant of arrest of the petitioner and the case was adjourned for 13th July, 1982, on 13th July, 1982 the Executive Magistrate passed an order cancelling the warrant of arrest and adjourned the case for 2nd Aug., 1982. Being aggrieved by the aforesaid order the petitioner has filed this application wherein he has prayed that the orders passed on 2nd June, 1982 and 23rd June, 1982 may be set aside.

(2.) On perusal of the aforesaid orders dated 2nd June, 1982 and 23rd June, 1982 I find that in the order dated 2nd June, 1982 presence of the petitioner has been recorded and the reply submitted by him has been taken on record. I do not think that this is an order which may cause any grievance to the petitioner. In so far as order dated 23rd June, 1982 is concerned a warrant of arrest was issued against the petitioner but the said warrant was subsequently cancelled by order dated 13th July, 1982. Since the warrant of arrest that had been issued in pursuance of the order dated 23rd June, 1982 has already been cancelled in the subsequent order dated 13th July, 1982 the petitioner can have no cause of grievance today. In my opinion there is no merit in this petition and it is accordingly dismissed. Appeal dismissed.